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April 2016

Pregunta al Administrador de Fincas: modificaciones estéticas cerramientos con cristalera

A neighbour in apartment community has enclosed half his balcony using glass curtains.

Is this allowed under article 7 of the horizontal law and should I ask it to be removed at the next Agm

Alan R.

Administrator:  Juan López

Good morning

Certainly, this type of work has to be previously authorized by the community providing it is an alteration of the Building structure.  There are two options (both suitable together)

–              As you said, you need to arise for the next AGM to add this issue in the agenda to have the works removed or to authorize that work.  Before taking the issue to the meeting, the President or the Administrator needs to notify the owner with certificate, explaining that what he built is illegal and encouraging him to remove it and give to the fachade its original look back.

–              On the other hand, enclosures of open terrazes mean extention of suitabilty of building, which is probably not in accompliance with the local urbanistic laws.  Therefore, you can also submitt a complaint in the Town Hall so their inspectors record the relevant denounce due infraction and initiate the legal procedure

All above providing that the community has not authorized those works in the past.  In that case, step one is not valid.

 

 

Kin regards

Pregunta al Administrador de Fincas: Ruidos-El perro de mi vecino no deja de ladrar

We have trouble with a Spanish neighbours dog they leave it outside on patio and go out . It is continually barking we have raised a complaint with the town hall who reported the issue to the police with no apparent result .

What are my options what is the noise regulations and how do I get them enforced.

Thanks un anticipation

John M.

Good afternoon

Certainly, you have done what you had to do.  The local authorities are the responsible of enforcing the laws regardless diturbing activities, such us noise.

However, since the authorities did nothing, you got two options (any or both)

–  On one hand, submitt again a complaint in the Town Hall, taking a stamped copy with you for furthers actions.

– On the other hand, enquire to the President or Administrator to take benefit of the art. 7 of the Horizontal Propiertors Law by asking the owner and/or resident for stopping with the barkling of the dog.

If the owner ignores the complaint, you should require an extraordinary meeting so the legal demand is initiated according to the second item of the art. Mentioned above.  The Courts can produce a sentence obliging the owner to stop the issue and it could also mean the prohibition of the use of the property.

The owner or occupant is not allowed to run activities which are listed as prohibited in the statutes, or which are detrimental for the plot, or which are in breach of the related laws.

 

The President of the community will notify to the owner warning about the relevant legal actions if the behaviour does not change.

 

If the deliquent continues, the President authorized by the  owners after the relevant meeting, will be entitled to initiate cesasion procedure that will be complemented with an ordinary judgment

Pregunta al Administrador de Fincas: Qué hacer cuando el Presidente actúa ilegalmente

What can you do when you have a president, who perform illegal things, is rude and generally a problem. We have tried all with extra ordinary meeting, with more than 50 % of owners etc etc, though they refused to accept and hand over papers. How do we get rid of him? Can the board be re organized?

Pernilla T.

Administrator:  Juan López

If you made an agreement in an Extraordinary Meeting and the Board, leadered by the President, refuse to fulfill it, you should go to the courts, submitt a demand and claim that the community obey those agreements

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